Plain Feather v. Preite et al, No. 1:2010cv00070 - Document 6 (D. Mont. 2010)

Court Description: ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 4 in full. Plaintiff's Complaint 2 is DISMISSED WITH PREJUDICE. The Court certifies that any appeal would not be taken in good faith. Signed by Judge Richard F. Cebull on 8/4/2010. Mailed to Plain Feather. (TAG, )

Download PDF
Plain Feather v. Preite et al Doc. 6 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA 2010 nUG BILLINGS DIVISION h';TriiC( El'f SARA PLAIN FEATHER, ­­-clEiiK--- CV 1O­070­BLG­RFC DEPUTY Plaintiff, Order Adopting Findings and Recommendations of U.S. Magistrate Judge vs. ANTHONY PRElTE, et aI., Defendants. United States Magistrate Judge Carolyn Ostby has entered Findings and Recommendation (Doc. 4) with respect to Plain Feather's Complaint (Doc. 2). Upon service of a magistrate judge's findings and recommendation, a party has 14 days to file written objections. 28 U.S.CO § 636(b)(1). Plain Feather has filed a Motion for Reconsideration, which is taken as an objection. (Doc. 5.) Accordingly, the Court must make a de novo determination of those portions of the Findings and Recommendations to which objection is made. 28 U.S.C. § 636(b)(1). For the following reasons, Plain Feather's objections are overruled. Dockets.Justia.com Plain Feather states the dates of the incidents at issue were in 2001,2002 and 2003. She further explains that she lost her housing due to an annual inspection in 2001. Plain Father did not file her Complaint until June 16,2010. Her claims are undoubtedly barred by the applicable statute oflimitations. After a de novo review, the Court determines the Findings and Recommendation of Magistrate Judge Ostby are well grounded in law and fact and HEREBY ORDERS they be adopted in their entirety. Accordingly, IT IS HEREBY ORDERED that Plaintiffs Complaint (Doc. 2) is DISMISSED WITH PREJUDICE. The clerk is direeted to notity the Court of Appeals of this Court's certification that the appeal is not taken in good faith. The Clerk of Court shall notity the parties of the making of this Order and do,. th;, "'" DATED this _ day of August, 2 / CHARDF. C r; UNITED STATES DISTRlCT JU 2

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.